Two great journalists from Chihuahua, Miroslava Breach and Rubén Villalpando — both fouls: the former a hand of criminals in impunity and the latter more recently for natural causes — documented in 2010 as correspondents La Jornada a paradigmatic case of cross-border injustice:
AGENTES DE LA PATRULLA FRONTERIZA MATAN TO MEXICAN TEENAGERS
“Ciudad Juárez, Chih., June 8. Sergio Adrián Hernández Huereca, a 14-year-old student, was allegedly a baleado agent of the United States Front Patrol searching Puente Negro… The teenager, who was in Mexican territory, yelled at the agents who were about to disappear and showed them that I was not carrying any weapons.”
The criminal case against the immigration agent was brought before the United States Supreme Court. In 2017, the Justice Department decided not to pursue the case, arguing that the agent had functional immunity in Mexico’s disparate haber hacia territory. In 2022, the civilian judiciary will reaffirm this position: no governmental liability due to the legal protections afforded to ICE agents and the Border Patrol.
On the same day, one of the migrant agents attempted a coup against another Mexican on the front line.
This doctrine of impunity was systematically repeated. Two new names recently appeared on this blood list in Minneapolis, Minnesota:
Renee Nicole Good (age 37): Played as an ICE agent driving a vehicle during an operation. Since the trajectory of the projectiles suggests that the attacker got through, the official discussion centers on “agent protection”.
Alex Jeffrey Pretti (age 37): A sick man who, when he grabbed an operative with a mobile phone, was shot and then assaulted by gunfire. The agent’s commanding officer, Officer Gregory Bovino, justified the action by saying the agents were “fearing for their lives,” suggesting the cell could be a lethal weapon.
Previously, Secretary of Homeland Security Kristi Noem took a position of absolute force defense, affirming the immunity of agents in the workplace and reversing the logic of the universal derecho.
Conclusion
According to the universal principles of the right, anyone who commits murder must attempt to act in legitimate defense against imminent danger. However, in the state judicial system applied to their migratory forces, this principle was reversed in a perverse way. To be given a presumption of extra-constitutional immunity, the legal burden shifts to the victims or their families, who must prove from a position of complete safety that the agent was not in danger.
In practice, this “functional immunity” has been transformed into a shield that protects the arbitrariness and disproportionate use of deadly force. While the system prioritizes the protection of the uniform over the value of human life, ICE and Patrol Front agents will continue to operate under a scheme reminiscent of fictional characters: as agents with a “licencia para matar”, where due process is replaced by official silence and an archive of expedientes.
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